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HomeMy WebLinkAboutApprove Prof. Services Agreement with Tetra Tech, Landfill Corrective Measures Assessment_8 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Rick Hixson, City Engineer SUBJECT: Professional Services Agreement with Tetra Tech Inc. for the Story Mill Landfill Corrective Measures Assessment MEETING DATE: May 19, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to execute a Professional Services Agreement with Tetra Tech Inc. for the Story Mill Landfill Corrective Measures Assessment. BACKGROUND: The purpose of this Professional Services Agreement is to secure professional services for the design and approval of a Corrective Measures Action Plan for the Story Mill Landfill. This plan will be prepared to meet all requirements of the Montana Department of Environmental Quality as well as the City of Bozeman. The work identified in the agreement is anticipated to take 300 calendar days. UNRESOLVED ISSUES: None identified. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The total cost of the work is $288,762.91. It is anticipated that this work will be paid for with a loan secured from the State Revolving Fund (SRF) program. Attachments: Professional Services Agreement Attachment A from Tetra Tech Inc. Cost Estimate Spreadsheets Tetra Tech Cover Letter Report compiled on May 7, 2014 66 1 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of May 19, 2014, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, P.O Box 1230, Bozeman MT 59771-1230 (OWNER) and Tetra Tech Inc, 851 Bridger Drive, Bozeman, Montana, 59715 (ENGINEER). Whereas the accomplishment of the work and services described in this Agreement is essential to the OWNER'S public works improvement program. Whereas the OWNER intends to and has selected the ENGINEER to provide necessary and professional engineering services for the project. Whereas the ENGINEER represents that it is willing and qualified to perform the professional engineering services for this project described in this Agreement. Therefore, in consideration of the foregoing recitals and the mutual covenants and conditions contained herein, the parties agree as follows: The conditions and provisions set forth in the attached EXHIBIT A Engineer’s Status During Construction, EXHIBIT B A Listing of the Duties, Responsibilities and Limitations of Authority of the Resident Project Representative , and EXHIBIT C Proposed Scope of Work, Story Mill Landfill CMA , are hereby incorporated in and made part of this Agreement. ARTICLE 1 - ENGINEERING SERVICES 1.1. The detailed description of the specific project components is described as follows: In concert with the City of Bozeman and Montana Department of Environmental Quality Solid Waste Division, develop a site-specific conceptual model which accurately characterizes the fate and transport of Volatile Organic Compounds (VOC's) in the area of the Story Mill Landfill using the historic data that have been collected to date from the various activities conducted in association with the landfill. These activities include, but are not necessary limited to, the following: a. Long-term monitoring database which includes groundwater data (quality and quantity); b. Soil vapor data analytical results (generally collected off of the landfill from soil vapor probes, sub-slabs, some indoor air, etc.); In concert with the City of Bozeman and Montana Department of Environmental Quality Solid Waste Division develop preliminary recommendations for a corrective action plan at the Story Mill Landfill which will include, but not be necessarily limited to, the following steps: a. Conceptual remedial system design b. Recommendation for the collection of supporting/supplemental data as necessary to complete a full- scale system design. In concert with the City of Bozeman and Montana Department of Environmental Quality Solid Waste Division (DEQ) Implement the final project design of a corrective action system using the following steps: a. Prepare and obtain DEQ approval of a preliminary design (report, drawings and specifications) b. Prepare and obtain approval of a final design (report, drawings and specifications) c. In concert with the city and DEQ prepare Construction Bidding Documents 67 2 d. In concert with the city and DEQ provide Construction Phase Engineering Services including but not limited to provision of a Resident Project Representative, contract administration, invoice review and approval. e. In concert with the city and DEQ provide post-construction services including but not limited to record drawing submittal, system performance monitoring. 1.2. The scope of services under this contract is set forth in this agreement and the attached EXHIBITS. ARTICLE 2 - ENGINEER'S RESPONSIBILITIES 2.1. ENGINEER shall perform for OWNER professional engineering services in all phases of the Project to which this Agreement applies as hereinafter provided. These services will include, but not be limited to, serving as OWNER's professional engineering representative for the Project, providing professional engineering consultation and advice and furnishing customary civil and environmental engineering services incidental thereto. 2.2. The ENGINEER shall furnish all labor, materials, equipment, supplies, and incidentals necessary to conduct and complete the ENGINEER'S portions of the Project and to prepare and deliver to the OWNER all data, reports, plans, specifications, and recommendations as designated herein. 2.3. The ENGINEER shall ascertain such information as may have a bearing on the work from local units of government, public, and private organizations and shall be authorized to procure information from other authorities as to the extent of these contacts and the results thereof. 2.4. The ENGINEER'S work shall be in accordance with the standards of sound engineering practices. 2.5. The ENGINEER shall name a Principal-In-Charge for the duration of the project. The Principal-In-Charge shall be Kirk Miller. 2.6. The ENGINEER shall name a Project Manager who shall be the liaison between the ENGINEER and the OWNER. The Project Manager shall be Larry Cawlfield, P.E. The OWNER may name a Task Director who would be the liaison between the ENGINEER and the OWNER during the design segment of the Project. 2.7. The ENGINEER shall submit an estimated progress schedule at the beginning of the work, and monthly progress reports thereafter until the project is completed. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 The OWNER shall name a Task Director who shall be the liaison between the ENGINEER and the OWNER during DESIGN segment of the Project. The Task Director designated shall be Rick Hixson. 3.2 The OWNER shall have the right of review and examination of the ENGINEER'S work at all times. 3.3 The OWNER shall make available all records (record drawings, construction records, etc.) indicating the existing configuration of the city utilities. 3.4 The OWNER will be responsible for Advertising Bid Openings. 3.5 The OWNER shall attend the pre-bid conferences, bid openings, pre-construction conferences, construction progress and other job related meetings, substantial completion inspections and final payment inspections. 68 3 ARTICLE 4 - BASIC ENGINEERING SERVICES The ENGINEER shall render professional Engineering Services as follows: 4.1 PRE-DESIGN INVESTIGATION PHASE After written authorization to proceed, ENGINEER shall: 4.1.1 Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 4.1.2 Advise OWNER as to the necessity of OWNER's providing or obtaining from others, data or services and assist OWNER in obtaining such data or services. 4.1.3 Conduct Tasks 100 (Update Conceptual Model), 200 (Soil Vapor Extraction Pilot Test) and 300 (Optimize Existing Landfill Gas Extraction System )as described in Exhibit C. 4.1.4. Coordinate closely with the City and provide frequent updates as described in Task 600 in Exhibit C. 4.1.5. Furnish 8 copies and an electronic copy of any Studies, Memoranda, or Report documents generated for this task and review them in person with OWNER. 4.1.6 If, in the process of conducting this phase of the work, the ENGINEER discovers any information or data which materially affects the need for or the planning of subsequent phases of this work, the Engineer shall advise the OWNER and, in concert with the OWNER, revise subsequent phases of the work. The Pre-design Investigation Phase will be completed and submitted within 100 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services. 4.2 PRELIMINARY DESIGN PHASE After acceptance of the pre-design report and receipt of written authorization to proceed with the Preliminary Design Phase, ENGINEER shall: 4.2.1. In consultation with OWNER determine general scope, extent and character of the Project. 4.2.2. Conduct Task 400 (Prepare Corrective Measures Assessment Report) as described in Exhibit C. 4.2.3. Coordinate closely with the City and provide frequent updates as described in Task 600 in Exhibit C. 4.2.4. Furnish 8 copies and an electronic copy of any Studies, Memoranda, or Report documents generated for this task and review them in person with OWNER. 4.2.5. If, in the process of conducting this phase of the work, the ENGINEER discovers any information or data which materially affects the need for or the planning of subsequent phases of this work, the Engineer shall advise the OWNER and, in concert with the OWNER, revise subsequent phases of the work. The Preliminary Design Phase will be completed and submitted within 200 calendar days following completion of the Pre- Design Investigation Phase and with written authorization from OWNER to ENGINEER to proceed with that phase of services. 69 4 4.3 FINAL DESIGN PHASE No work will be conducted for this phase. Additional work may follow the Preliminary Design Phase. That work will be described in a separate task order or contract developed at a later date. 4.4 BIDDING OR NEGOTIATING PHASE No work will be conducted for this phase. Additional work may follow the Final Design Phase. That work will be described in a separate task order or contract developed at a later date. 4.5 CONSTRUCTION PHASE No work will be conducted for this phase. Additional work may follow the Bidding or Negotiating Stage. That work will be described in a separate task order or contract developed at a later date. ARTICLE 5 - ADDITIONAL SERVICES 5.1. If OWNER wishes ENGINEER to perform any of the following Additional Services, OWNER shall so instruct ENGINEER in writing, and ENGINEER shall perform or obtain from others such services and will be paid therefor as provided in the Agreement: 5.1.1. Legal land surveys performed to obtain data for preparing easements and rights-of-way descriptions. 5.1.2. Preparation of applications and supporting documents for governmental agencies in addition to those required under Basic Services; preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 5.1.3. Services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by OWNER where changes are due to causes beyond ENGINEER's control. 5.1.4. Providing renderings or models. 5.1.5. Preparing documents for alternate bids requested by OWNER for work not executed or for out-of-sequence work. 5.1.6. Providing other services not otherwise provided for in the Agreement, including services normally furnished by the OWNER as elsewhere herein described. 5.1.7. Furnishing the services of independent professional associates or consultants for other than Basic Services. 5.2. When required by the Contract Documents in circumstances beyond ENGINEER's control, ENGINEER shall perform or obtain from others any of the following Additional Services as circumstances require during construction and without waiting for specific instructions from OWNER, and ENGINEER will be paid therefor as provided in this Agreement: 5.2.1. Services in connection with work directive changes and change orders to reflect the changes requested by OWNER if the resulting change in compensation for Basic Services is not commensurate with the additional services rendered. 5.2.2. Services in making revisions to Drawings and Specifications occasioned by the OWNER'S acceptance of substitutions proposed by Contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor; 70 5 and evaluating an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. 5.2.3. Services resulting from significant delays, changes or price increases occurring as a direct result of materials, equipment or energy shortages. 5.2.4. Additional or extended services during construction made necessary by (1) work damage by fire or other causes during construction, (2) a significant amount of defective or neglected work of any Contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, (4) default by any Contractor. ARTICLE 6 - COMPENSATION FOR ENGINEERING SERVICE 6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER 6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this agreement pay a total sum in the amount of $288,762.91 for such services. 6.1.2 Payment Schedule. Total cumulative payments for the design phase engineering services (sections 4.1 through 4.4) shall not exceed the following ceilings: $ 28,876.29 (10 % of design fee) until the Pre-design Investigation and resulting report or reports have been submitted to the OWNER. $144,381.45 (50% of design fee) until the Draft Corrective Measures Assessment Report has been submitted to the OWNER and review authorities. $259,886.62 (90% of design fee) until the Final Corrective Measures Assessment Report has been submitted to the OWNER and review authorities. 6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment provisions of the Agreement. 6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic services (4.1 through 4.4) and are not separately reimbursable. Additional Services specifically identified under the scope of design services for payment under 6.1 are not separately reimbursable. 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing, shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to exceed $0 except as provided under 6.2.1.2 and 6.2.4. 6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct Labor Cost times a factor of 3.1 for services rendered which shall cover Direct Labor, Direct Labor Overhead, General & Administrative Overhead and Profit. 71 6 6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated compensation for these services, and prior to performing services in excess of the contract ceiling, the ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the project work. ENGINEER shall obtain written authorization from OWNER, prior to any additional costs being incurred under paragraph 6.2.1.3. If it is determined that due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional compensation, OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and terms of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing pursuant to 9.16. 6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1, when the total cost of the original scope Construction Phase and Project Documentation Services exceeds the negotiated compensation for these services, the OWNER shall pay only for the direct costs incurred in excess of the estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost times a factor of 3.1 for services rendered which shall include Direct Labor, the federally audited payroll Direct Labor Overhead, and General & Administrative Overhead costs, but shall not include any allowance for profit. 6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to an amount not to exceed $0 which includes $0 for consultants employed by the Engineer and $0 for all other reimbursable expenses. 6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER, a record of the costs associated with failing quality control tests performed for the OWNER during the course of the construction of the project and recommend an amount the OWNER deduct from the contractor(s) payments. 6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of $0, or an amount otherwise negotiated at the time such services are requested and approved by the OWNER. ARTICLE 7 - MEANING OF TERMS 7.1 AGREEMENT As used herein the term "this Agreement" refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document. 7.2 CONSTRUCTION COSTS The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not include ENGINEER's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER. 72 7 7.3 DIRECT LABOR COSTS Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, drafters, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related costs or fringe benefits. For the purposes of this Agreement the principals and employees of the ENGINEER maximum billable Direct Labor Costs are: Principal Engineer $ /hour Project Manager/Snr Eng. $______ /hour Project Manager/Snr Hydrogeologist $______ /hour Project Hydrogeologist $______ /hour Technician 2 $ _____ /hour CADD Drafter $ _____ /hour Scientist 1 $ _____ /hour Construction Inspector $ ____ /hour Two Person Survey Crew $ ___ /hour Word Processor $_____ /hour Direct Labor Costs will not be used as a basis for payment for the tasks described in this contract. If future task orders or amendments to this contract will use Direct Labor Costs as a basis for payment, labor rates will be added at that time. 7.4 REIMBURSABLE EXPENSES Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; and if authorized in advance by OWNER, overtime work requiring higher than regular rates. In addition, when compensation for Basic Services is on the basis of Direct Labor Costs method of payment, Reimbursable Expenses will also include the amount billed to ENGINEER by special consultants employed by ENGINEER and authorized by OWNER (other than as an authorized Additional Services) and will also include expenses incurred for computer time and other specialized equipment, including an appropriate charge for previously established programs and expenses of photographic production techniques. ARTICLE 8 - PAYMENT PROVISIONS 8.1 TIMES OF PAYMENTS. ENGINEER may submit monthly statements for Basic Services and approved Additional Services rendered and for Reimbursable Expenses incurred; however, payments shall not exceed the ceilings provided in 6.1 and 6.2. Final payment shall be made only after acceptance of the project by the OWNER. If OWNER disputes the amount of the billing, OWNER will notify the ENGINEER in writing within ten (10) calendar days of the receipt of bill of the dispute. 8.2 REQUESTS FOR PAYMENT. Each request for payment shall include a documentation summary of the period incremental man hours incurred, direct labor rates and billed rates, detail of reimbursable costs, total period billing, and total cumulative billing. When requested by OWNER services for distinct project segments shall be accounted and billed separately. 73 8 8.3 PAYMENT UNDER TERMINATION. In the event of termination by the OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of pre-approved independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of the payment provisions of the Agreement. In the event of any such termination, ENGINEER will be paid for unpaid pre-approved Additional Services and unpaid Reimbursable Expenses which are authorized under this agreement. ARTICLE 9 - GENERAL CONSIDERATIONS 9.1 TERMINATION OF AGREEMENT 9.1.1 The sole right is hereby reserved to the OWNER to terminate this Engineering Agreement for any and all causes or for its convenience at any time upon fifteen (15) days written notice to the ENGINEER. 9.1.2 If termination for default is effected by the OWNER, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to cover any additional costs to the OWNER because of the ENGINEER's default. If termination for convenience is effected by the OWNER, the equitable adjustment shall include a reasonable profit, as determined by owner, for services or other work performed. The equitable adjustment for any termination shall provide for payment to the ENGINEER for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the ENGINEER relating to commitments which had become firm prior to the termination. 9.1.3 Upon receipt of a termination action under paragraph 9.1.2, the ENGINEER shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the OWNER within ten (10) days copies of all data, design drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the ENGINEER in performing this Agreement, whether completed or in process. 9.1.4 In the event this Contract is terminated prior to completion, the original copies of the ENGINEER'S data, recommendations, plans, specifications, analysis and other related documents prepared by the ENGINEER prior to said termination shall be delivered to and become the property of the OWNER. 9.1.5 Upon termination, the OWNER may take over the work and may award another party an Agreement to complete the work under this Agreement. 9.1.6 OWNER'S right to terminate is in addition to any other remedies OWNER may have under the law. 9.2 INSPECTION AND AUDIT All books, papers, records, payrolls, vouchers and invoices relating to costs and expenditures incurred as to the performance of the services by the ENGINEER hereunder shall be made available to the OWNER, or their authorized representatives for audit and review, at the ENGINEER'S respective offices at all reasonable times during the contract period and for three years from the date of final payment. 74 9 9.3 EMPLOYMENT The ENGINEER warrants that he has not employed or retained any company or persons, other than a bona fide employee, working solely for the ENGINEER, to solicit to secure this contract, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other considerations contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the OWNER shall have the right to annul the Contract without liability or in its discretion to deduct from the price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. All employees of the ENGINEER or other persons while engaged in the performance of work or services required by the ENGINEER shall be considered employees of the ENGINEER only and not of the OWNER. 9.4 NONDISCRIMINATION The ENGINEER will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The ENGINEER will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The ENGINEER shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The ENGINEER shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. 9.5 SUBLETTING OR ASSIGNING OF WORK The ENGINEER shall not sublet or assign any of the work covered herein without prior written approval of the OWNER. 9.6 STANDARD OF CARE In providing services under this agreement, the ENGINEER will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the ENGINEER shall, at the OWNER’s request, re-perform the service at its own expense. Engineer shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The OWNER’s rights herein are in addition to any other remedies the OWNER may have under the law. 9.7 LEGAL RELATIONS: 9.7.1 The ENGINEER shall, consistent with the standard care, comply with those Federal, State, and Local laws and ordinances applicable to the work to be done. 9.7.2 The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees from and against any suit, cause of action, claim, cost, expenses, obligation and liability of 75 10 any character, including attorney’s fees, which is brought or asserted for any bodily injury, death, or physical damage to property received or sustained by any person, persons, property, business or any other entity, arising out of or resulting from, or in connection with the ENGINEER’S negligent performance of the work specified in this agreement. 9.7.3. The ENGINEER agrees to defend, indemnify and hold harmless the OWNER, its officers, directors, agents and employees, should OWNER, its officers, directors, agents or employees be named as a defendant in any action where the OWNER’S alleged liability arises from the negligent performance of the ENGINEER’S work herein described. The obligations of the ENGINEER to defend, indemnify and hold harmless the OWNER will apply to any suit, cause of action, claim, cost or obligation including, without limitation, those alleged under the common law or pursuant to a federal or state statute or regulation including those arising in tort, trespass, nuisance, and strict liability. 9.7.4 In the event the OWNER is found proportionately responsible for any damages ultimately awarded to a plaintiff or plaintiffs in any lawsuit, the ENGINEER will be responsible for only those damages, costs, or liabilities as are attributable to the ENGINEER’S percent of fault as compared with 100% of the fault giving rise to the damages. Should the OWNER be found responsible for negligence by its own officers, directors, agents or employees, then in that event the OWNER agrees to reimburse the ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER in an amount proportional to the fault attributed to the OWNER. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 9.7.5 Should either OWNER or ENGINEER be held responsible, for any damages, costs or liabilities resulting from intentional misconduct by any officer, director, agent or employee in connection with the work specified in this Agreement, then in that event, that party shall defend, indemnify and hold harmless the other as to any damages, costs or liabilities that result from or arise out of that intentional misconduct, including reasonable attorney’s fees and costs which shall include costs and salary of the city attorney or other in-house counsel. Further, notwithstanding the obligations set forth in paragraphs 9.7.2 and 9.7.3 above, the ENGINEER agrees to defend OWNER where the OWNER’S alleged liability arises from intentional misconduct by the ENGINEER. Should the OWNER be found responsible for intentional misconduct by its own officer, director, agent or employee, then OWNER agrees to reimburse ENGINEER for the reasonable attorney’s fees and costs incurred in any defense of the OWNER. 9.7.6 The ENGINEER shall perform this agreement as an independent contractor, and as such, is responsible to the OWNER only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms, plans and specifications. The ENGINEER shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to worker’s compensation with statutory limits, and unemployment insurance. 9.8 INSURANCE The ENGINEER shall secure and furnish to the OWNER certificate of insurance, therein, naming the OWNER as an additional insured, to include thirty (30) days notice of cancellation or non-renewal. Without limiting any of ENGINEER's obligations hereunder, ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, insurance coverage naming the OWNER as additional insured with minimum insurance coverage as follows: 76 11 Type of Coverage Limits Employers' Liability: $ 100,000. per accident General Liability: Bodily Injury & Property Damage Single and combined $ 1,000,000. per accident General Aggregate: $ 2,000,000. Excess Liability Coverage (umbrella) $1,000,000. each occurrence Automobile: Bodily Injury covering all $ 1,000,000 each person automobiles, trucks, tractors, trailers, or $ 1,000,000 each occurrence other automotive equip- ment whether owned or rented by Engineer or owned by employees of Engineer. Property Damage covering $ 100,000 each occurrence all automobiles, trucks, tractors, trailers or other automotive equipment whether owned or rented by Engineer or owned by employees of Engineer OR Bodily Injury & Property $1,000,000 each occurrence Damage Single and combined In addition to the above insurance coverage, the ENGINEER shall secure and maintain, until the work is completed and accepted by the OWNER, and without naming OWNER as an additional insured, professional errors and omissions coverage as follows: Professional Errors & Omissions: $ 1,000,000 per claim and aggregate each occurrence 9.9 ENDORSEMENT The ENGINEER shall place his endorsement on all drawings and other data furnished by him. 77 12 9.10 OWNERSHIP OF DOCUMENTS The parties admit and agree the documents produced under this agreement are not intended or represented to be suitable for reuse by OWNER or any other individual on any other project. Any reuse without written verification or adaptation by ENGINEER will be at OWNER’s sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER’s independent professional associates or consultants. Files in electronic media format of text, data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of owner. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. 9.11 PUBLIC INFORMATION The ENGINEER shall not issue any statements, releases or information for public dissemination without prior approval of the OWNER. 9.12 PROPRIETARY RIGHTS If patentable discoveries or inventions should result from work required herein, all rights accruing from such discoveries or inventions shall be joint property of the ENGINEER and the OWNER. Provided that the OWNER, state agencies or political subdivisions and the United States Government shall have the irrevocable, nonexclusive, nontransferable and royalty-free license to use each invention in the manufacture, use and disposition, according to law, of any article or material, and in the use of any method that may be developed as part of the work described and contemplated herein. 9.13 RECORDS The ENGINEER shall maintain accounting records and other evidence pertaining to the cost incurred and to make the records available at all reasonable times during the Contract term and for one (1) year from the date of final payment. Such accounting records and other evidence pertaining to the cost incurred will be made available for inspections by OWNER. 9.14 SUCCESSORS IN INTEREST The covenants, agreements and all statements in this Contract apply to and shall be binding on the heirs, personal representatives, successors and assigns of the respective parties. 78 13 9.15 ATTORNEY'S FEES AND COSTS That in the event it becomes necessary for either Party of this Contract to retain an attorney to enforce any of the terms or conditions of this Contract or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 9.16 MODIFICATIONS AND AMENDMENTS That any amendment or modification of this Contract or any provisions herein shall be made in writing or executed in the same manner as this original document and shall after execution become a part of this Contract. In witness Whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA ENGINEER BY: BY: (City Manager) (Authorized Signatory) DATE: DATE: ATTEST: BY: (City Clerk) 79 1 EXHIBIT A TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES ENGINEER'S STATUS DURING CONSTRUCTION This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services. ARTICLE 10 - ENGINEER'S STATUS DURING CONSTRUCTION 10.1. OWNER’S REPRESENTATIVE ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 10.2. VISITS TO THE SITE ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER's greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 10.3. PROJECT REPRESENTATION If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in EXHIBIT B, A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. 10.4. CLARIFICATIONS AND INTERPRETATIONS ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Provisions of the construction Contract Document. 10.5. AUTHORIZED VARIATIONS IN WORK ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as 80 2 to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in the General Conditions of the Construction Contract. 10.6. REJECTING DEFECTIVE WORK ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in the General Provisions of the construction Contract Document whether or not the work is fabricated, installed, or completed. 10.7. SHOP DRAWINGS, CHANGE ORDERS AND PAYMENT 10.7.1. The ENGINEER's responsibility for Shop Drawings and samples shall comply with the shop drawing provisions of the General Provisions of the construction Contract Document 10.7.2. The ENGINEER's responsibilities for Change Orders shall comply with the change order provisions of the General Provisions of the construction Contract Document. 10.7.3. The ENGINEER's responsibilities for contractor's Application for Payment shall comply with the payment provisions of the General Provisions of the construction Contract Document. 10.8. DETERMINATIONS FOR UNIT PRICES ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written recommendation thereon (by recommendation of an Application for Payment or otherwise) to OWNER. 10.9. DECISION ON DISPUTES 10.9.1. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under The General Conditions of the Construction Contract in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be promptly reported and copied to the OWNER. 10.9.2. When functioning as interpreter under paragraphs 10.8 and 10.9.1, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 10.8 and 10.9.1 with respect to any such claim, dispute or other matter will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. 81 3 10.10. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES 10.10.1. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub-contractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 10.10.2. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 4.5.3. 82 1 EXHIBIT B TO AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE. This Exhibit is attached to, made a part of and incorporated by reference with the Agreement made on , between CITY OF BOZEMAN (OWNER) and (ENGINEER) providing for professional engineering services. ARTICLE 11 - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist ENGINEER in observing performance of the work of Contractor. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the furnishing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, sequences or procedures or for safety precautions or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents and in particular the specific limitations set forth in section 4.5 of the Agreement are applicable. The duties and responsibilities of the RPR are limited to those of ENGINEER in this agreement and in the construction Contract Documents, and are further limited and described as follows: 11.1. GENERAL RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealings in matters pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. 11.2. DUTIES AND RESPONSIBILITIES OF RPR 11.2.1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 11.2.2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and the project-related meetings, and prepare and circulate copies of minutes thereof. 11.2.3. Liaison: 11.2.3.1. Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR. 83 2 11.2.3.2. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 11.2.4. Shop Drawings and Samples: 11.2.4.1. Record date of receipt of Shop Drawings and samples. 11.2.4.2. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. 11.2.4.3. Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring Shop Drawing or sample if the submittal has not been approved by ENGINEER. 11.2.5. Review of Work, Rejection of Defective Work, Inspections and Tests: 11.2.5.1. Conduct on-site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 11.2.5.2. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 11.2.5.3. Verify that tests, equipment and systems startup and operating and maintenance training are conducted in the presence of appropriate personnel, and the CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startup. 11.2.5.4. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 11.2.6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 11.2.7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 11.2.8. Records: 11.2.8.1. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. 11.2.8.2. Keep a detailed and accurate diary or log book, recording CONTRACTOR hours on the job site, weather conditions, prime and subcontractor daily work force, daily log of equipment onsite or on standby, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and 84 3 specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 11.2.8.3. Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 11.2.9. Reports: 11.2.9.1. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 11.2.9.2. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 11.2.9.3. Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 11.2.9.4. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 11.2.10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11.2.11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 11.2.12. Completion: 11.2.12.1. Submit to CONTRACTOR, and ENGINEER a list of observed items requiring completion or correction before ENGINEER may issue a Certificate of Substantial Completion. 11.2.12.2 Assess completion or correction of items noted under 11.2.12.1, advise ENGINEER on their status, and make recommendation to Engineer regarding issuance of a Certificate of Substantial completion. 11.2.12.3. Conduct final inspection in the company of ENGINEER, OWNER, and CONTRACTOR and prepare a final list of items to be completed or corrected. 11.2.12.4. Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning final acceptance. 11.3. LIMITATIONS OF AUTHORITY Resident Project Representative: 11.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials or equipments, unless authorized by ENGINEER. 85 4 11.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the Contract Documents. 11.3.3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR's superintendent. 11.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 11.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 11.3.6. Shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. 11.3.7. Shall not authorize OWNER to occupy the Project in whole or in part. 11.3.8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. 86 Attachment A Task Order Corrective Measures Assessment Bozeman Landfill Bozeman, Montana April 24, 2014 CLIENT: CONSULTANT: The City of Bozeman Tetra Tech, Inc. P.O. Box 1230 851 Bridger Drive, Ste 6 Bozeman, Montana 59711-1230 Bozeman, MT 59715 Attention: Mr. Rick Hixson, PE Attention: Mr. Larry Cawlfield, PE INTRODUCTION The Story Mill landfill operated from the 1970s through approximately 2008 with both an unlined and lined cell used for the disposal of municipal refuse. The unlined cell was closed in the 1995 and the lined cell was closed in 2010. Investigations conducted by the City during 2013 and 2014 identified the presence of volatile organic compounds (VOCs) in soil gas both on the landfill property and in the adjacent Phase 3 of Bridger Creek Estates neighborhood. Sub-slab depressurization systems were installed in most of the homes in the Phase 3 neighborhood to break the possible pathway of VOCs in soil gas migrating from the landfill property toward the homes. Remediation of the source of the VOCs and/or establishing a barrier to prevent their migration off the landfill property was identified as the next step in the project. This Task Order is directed at developing and implementing a remediation system to meet that objective. SCOPE OF WORK This scope of work covers the overall Corrective Measures Assessment process for remediation of off-site migration of VOCs from the former Story Mill landfill site. It provides a detailed outline of preliminary data collection and pilot testing tasks to be conducted and a more general outline of the overall CMA and remediation system design process. As the preliminary tasks are completed a more refined scope of work will be prepared with associated costs to complete the CMA process. TASK 100 PREPARE UPDATED SITE CONCEPTUAL MODEL Objectives: • Integrate new data into existing conceptual model and develop overall understanding of how and where VOCs migrate off of the landfill property. • Estimate the mass of VOCs being transported off of the landfill property in groundwater and soil gas. • Identify the depth and location of preferential pathways for VOC migration in soil gas. • Identify if there are seasonal changes in VOC transport. The existing conceptual site model developed by Tetra Tech, presents a simplified description of our understanding of how VOCs are migrating from the landfill to soil gas beneath the Bridger Creek Subdivision. The traditional vapor intrusion model entails contaminated groundwater migrating away from a source with VOCs volatilizing from groundwater and moving up through the vadose zone into buildings at the surface. The presence of 38 VOCs in soil gas at the landfill boundary, but only 5 VOCs above analytical method detection limits in offsite groundwater, 87 Corrective Measures Assessment Task Order Bozeman Landfill Remediation April 24, 2014 Page 2 of 9 indicates that groundwater plays a limited role in off-site VOC migration. Migration of VOCs in the gas phase directly from the landfill is believed to be the primary VOC transport mechanism. This task is directed at filling data gaps identified by DEQ and Tetra Tech. Data gaps include selected geographic areas lacking groundwater data and soil gas data at depth along the south property boundary. Data generated by the ongoing groundwater investigation will be used to modify this conceptual model. This will ultimately drive the focus of the CMA process and whether it only targets the capture and removal of VOCs in soil gas or also targets VOCs in groundwater. The geographic extent of the model also needs to be revaluated. The existing conceptual model is based on the assumption that the primary flow path is to the southwest in soils beneath the unlined cell and Bridger Creek III subdivision. The potential for soil gas migration to the south or east of the landfill also needs to be considered in the Conceptual Model to fully describe the migration of VOCs, which will then allow the City to fully evaluate the problem. Subtask 110 Additional Data Collection Existing data provides considerable insights into understanding the distribution and migration of VOCs from the landfill property. However, several additional data collection efforts are proposed to fill data gaps and support a more detailed understanding of the site. Field work for this task will follow methods identified in the Sampling and Analysis Plan for the ongoing off-site work. They include the four tasks described below. Additional Soil Gas Probes along South Boundary Soil gas probes will be installed at three locations along the south boundary of the landfill property. They will be installed with a hollow-stem auger drill rig and split spoon soil samples will be collected at periodic intervals to allow geologic logs to be constructed. These probes will be paired with BSV 9 and BSV 10 and a new location between BSV 10 and BLG-10 to provide data from greater depths. BSV 9 and 10 are 22 and 30 feet (ft.) deep, respectively and the new probes will extend to near the groundwater surface, hence they will terminate between 55 and 65 ft. below ground surface (BGS). Two perforated probes will be installed in each boring at depths to be selected based upon observed geologic materials, however, they will likely be set between 40 and 65 ft. BGS. These probes are directed at investigating the occurrence of deeper soil gas pathways for the migration of VOCs. Gravels encountered during the recent drilling of MW 17 and MW 20 indicate well indurated silts to approximately 60 ft. BGS followed by a deeper zone of gravels and sands, which may be a transport path for VOCs. Air sampling will be conducted for TO-15 and Fixed Gases (ASTM-1946-D for methane, oxygen, carbon dioxide and nitrogen) analyses from all existing BSV and BLG probes as well as the unsaturated zone of several groundwater monitoring wells. A total of 27 samples will be collected, including several quality control samples. Probe pressure and barometric pressure measurements will also be collected prior to air sample collection. Evaluation of LFG potential and potential migration of LFG from Lined Closed Cell Review of existing data does not indicate that the lined closed landfill cell is a source of off-site VOCs, however, a few additional data points would help confirm that case. It is necessary since the western extent of any remediation system constructed to intercept migration from the 88 Corrective Measures Assessment Task Order Bozeman Landfill Remediation April 24, 2014 Page 3 of 9 unlined cell would need to be established based on confirmed observations. The following tasks are proposed: • Examine as-builts of waste cell design and extent of liner(s) to evaluate potential for subsurface escape and off-site migration of LFG and to understand the nature of the cover. Evaluate leachate capture and disposal features and potential to collect samples/record volume of leachate production. • Drill into the Lined Closed Cell and complete an LFG well to sample and evaluate the gas relative to soil gas observed elsewhere on the property. An air sample will be collected for TO-15 and Fixed Gas analysis as well as field measurements of pressure in well and barometric pressure. • Evaluate results of LFG system optimization work (under separate task below) and first two bullets of this task to evaluate whether additional soil gas probes are warranted around the perimeter of the Lined Closed Cell. This would likely entail probes to the west of BSV 12 and perhaps on the west side of the lined closed cell. The need for these probes and their location will be determined as part of this task. Update Survey Current location and elevation data for landfill gas extraction wells, methane monitoring wells, soil gas probes and other features at the landfill (some roads, pipelines etc.) are approximated or based on GPS data, others are established by survey. A survey will be conducted by Great West Engineering to establish locations and elevations for all the monitoring stations and other relevant features. Topographic contours across the Phase III and Phase II neighborhoods will also be generated and tied to the Landfill property contours. The landfill topography is currently based on a local datum and is not tied to State Plane coordinates. Subtask 120 Conceptual Model Report A conceptual model report will be compiled that presents data in a variety of formats to help form the revised conceptual model. This will include developing new groundwater, soil gas probe and sub-slab iso-concentration maps of selected VOCs, geologic sections or fence diagrams using geologic well logs, and groundwater potentiometric surface maps. We do not see value in a numerical groundwater or soil gas flux model at this stage of the project. However, if groundwater is identified as a significant transport mechanism for VOCs from the landfill then numerical modeling may be warranted to properly evaluate groundwater treatment alternatives in the CMA process. An analysis of groundwater concentrations of VOCs will be conducted to evaluate their potential contribution to VOCs in soil gas. Various representations of data will be used to create a simplified model of subsurface conditions that will describe the relationship between VOCs in groundwater and soil gas and the primary mechanisms by which VOCs migrate from the landfill to the soil gas beneath homes in the Bridger Creek neighborhood. This will likely entail a generalized stratigraphy of the area and an approximation of the mass of VOCs moved through groundwater versus soil gas mechanisms. The extent of both groundwater and soil gas migration of VOCs will also be identified, with particular focus on the Bridger Creek Phase III neighborhood and adjacent lands to the south and east. Existing soil gas data will be evaluated during different seasons of the year to evaluate whether there is variability in the concentrations or migration pathways throughout the year. 89 Corrective Measures Assessment Task Order Bozeman Landfill Remediation April 24, 2014 Page 4 of 9 TASK 200 CONDUCT SOIL VAPOR EXTRACTION WELL RADIUS OF INFLUENCE TEST Based upon analysis of geologic logs (including those from recently completed wells), soil gas probe and methane well completion intervals and VOCs in soil gas data from existing data sets and new data collected by Task 100, we will identify specific depth and locations that warrant soil vapor extraction testing. Existing gas and methane probes have focused on the top 20 to 30 ft. of soils. Analysis of boring logs from the recently installed monitoring wells near the southeast corner of the landfill indicates there may be migration pathways below the existing 30 ft. deep probes. These intervals will most likely be along the south boundary of the landfill. This extraction well test will focus on evaluating the volume and concentration of VOCs migrating at different depths along the south boundary, the rate at which they can be extracted and the extraction well spacing needed to inhibit their off-site migration. We propose to install two, 4-inch diameter vapor extraction wells along the south boundary of the landfill. The location of these wells will be selected based upon evaluation of the results from Task 100. The extraction wells will be designed to provide an extraction point at the same elevation as the preferential pathways identified by Task 100. They will likely be screened from near surface to a maximum depth of 40 to 70 ft. BGS. The extraction wells will be located approximately 80 ft. apart and centered over an existing BSV probe (i.e., 40 ft. from BSV probe to each extraction well). Vacuum measurements from the deeper BSV probes will allow a more complete assessment of potential deeper soil gas migration pathways. Pilot testing will entail installing regenerative blowers on the extraction wells and pulling air through the casing from the subsurface for a period of one month. The volume of air flow from the blower will be measured along with vacuum levels in nearby gas probes and wells on a daily basis initially then at least weekly for the duration of the test. Air samples will be collected from the extraction point three times a week for field analysis of total VOCs and methane by Flame ionization detector. At the start and conclusion of the pilot test, air samples will be collected from the extraction wells and analyzed for TO -15 and Fixed Gasses to evaluate changes in soil gas chemistry. The data will be analyzed to estimate the radius of influence created at each depth interval and any indications of interconnectivity between depth intervals. If there is no vacuum created in a probe screened in an identified preferential pathway during the test, then a closer extraction well spacing may be warranted. If necessary, another extraction well will be installed halfway between one of the existing extraction wells and the BSV probe (i.e., a spacing of 20 ft.). Another pilot test will be conducted to confirm that the radius of influence is at least 20 ft. We have not included costs for a third extraction well and a second pilot test since we don’t anticipate it will be necessary. A modification will be submitted if it becomes necessary. Analysis of this data will support establishing the number, depth and spacing of extraction wells for a soil vapor extraction remediation system. The two extraction wells proposed for this pilot test will be constructed such that they can be integrated into the ultimate full scale soil vapor extraction system. 90 Corrective Measures Assessment Task Order Bozeman Landfill Remediation April 24, 2014 Page 5 of 9 TASK 300 OPTIMIZE EXISTING LANDFILL GAS EXTRACTION SYSTEM The existing landfill gas extraction system has been designed and maintained with two primary objectives: prevent migration of methane off of the landfill property and reduce the concentration of VOCs in groundwater downgradient from the unlined cell. Both of these objectives are being met, however, it may also be beneficial to increase the collection of landfill gasses from the unlined cell as a source control measure to limit offsite migration of VOCs in soil gas. This could be the primary remediation approach used for the site or as a joint effort with a soil vapor extraction system. Tetra Tech proposes to conduct baseline monitoring of all LFG extraction wells (air flow, vacuum, fixed gases concentrations) to determine status of waste LFG production and any trends. This data can then be used to conduct some immediate system optimization (i.e. increasing the capture of LFG). A ‘surface emissions sweep’ is also proposed to assess if there are areas where methane and VOC’s are escaping through the cell cover as an evaluation of the collection system and cap effectiveness. This field work will entail collecting gas measurements near the surface of the unlined cell on a grid system over the entire landfill cover. It is best conducted during late summer. The data collected by this task will be analyzed relative to evaluating whether additional LFG extraction wells or increasing extraction flows would result in increased source control and reduction of offsite migration of LFG. This analysis would include evaluating whether increased extraction flow would maintain generation of LFG. Past evaluations of the LFG extraction system have been qualitative and directed at what extractive flow rate should occur to maintain LFG generation and ensure methane does not exceed standards at the property boundary. This will be a more quantitative evaluation directed at improving system operation, cover improvements or other measures. If increased LFG flow is recommended, then an evaluation will be conducted to determine whether it will be necessary to add propane or natural gas to the flare to maintain operation. It is assumed, based on past observations, that higher LFG system flows would create lower methane content in LFG. The flare system is 17 years old and has not had an upgrade or significant replacements, hence an evaluation will be conducted to identify whether improved combustion of LFG or more continuous operation of the flare could be achieved with equipment updates. Operational improvements may include having a certified LFG technician inspect/replace/tune components, and changing out the flare tip for one specified for lower or higher air flow and lower or higher methane levels. Gages and filters should also be inspected and replaced if necessary. TASK 400 PREPARE CORRECTIVE MEASURES ASSESSMENT REPORT The corrective measures assessment (CMA) process can be summarized into the following primary components: • Definition of the Problem • Identification of Remedial Technologies • Development and Analysis of Alternatives • Selection of Remedy 91 Corrective Measures Assessment Task Order Bozeman Landfill Remediation April 24, 2014 Page 6 of 9 DEQ rules (ARM 17.50.1307 through 1310) identify specific information that must be compiled and considered for each component of a CMA report and a formal process to be followed in the development and selection of a final remedy. Details to be included in each component of the CMA process are discussed below. Subtask 410 Pilot Study In order to expedite the installation of a remediation system that at least significantly reduces if not contains the migration of VOCs from the landfill property, we propose meeting with DEQ to discuss a “pilot test” approach. This process entails making an assessment of the problem after the conceptual model is revised and designing and implementing a proven technology that can be reasonably expected to intercept a large portion of the VOCs migrating from the property, thereby initiating the decline of VOCs in soil gas in the neighborhood in 2014. This would likely entail an SVE system along the south boundary of the landfill. An initial DEQ meeting has been conducted to discuss the overall CMA process and to discuss how to expedite the installation of at least a partial remediation system in 2014. DEQ approval is required for any additions or alterations within the landfill permit boundary, hence, a pilot study approach would need to be presented to DEQ as a means of providing site specific data on the effectiveness and spacing of SVE technology. We have contacted DEQ in an effort to set up an initial meeting to discuss the overall CMA project and our approach towards implementing a pilot test measure as soon as reasonably possible. This approach would still require the full CMA process to be followed on a parallel track which would result in a final CMA to be completed in late 2014 with full system construction in 2015. The final design might entail increasing the number or coverage of SVE wells installed as part of a pilot study, or it might add additional technology to the system. Subtask 420 Definition of the Problem This portion of the CMA lays the groundwork for understanding the site and the problem, which at this point is defined as the migration of VOCs from the landfill into the adjoining Bridger Creek Phase III neighborhood. A discussion of the contaminant sources, and transport and fate of contaminants of concern (COCs) will also be warranted. The conceptual model will be a significant part of this section since it will provide the most current understanding of how VOCs are migrating from the landfill into soil gas beneath the adjacent neighborhood. This process will utilize existing data from methane, soil probe, indoor air and groundwater monitoring points, as well as the results from the upcoming groundwater investigation to define the problem, its source(s) and migration pathways. A discussion of fate and risk to human health and environment will be compiled preferably using the results of the ongoing Risk Assessment currently being compiled for the City. If not, general risk numbers like the Regional Screening Level, Minimal Risk Level or Maximum Contaminant Level will be used. Subtask 430 Identification and Screening of Remedial Alternatives This component of the CMA process will use the understanding of the problem developed by the process defined above to identify technologies that are known to be effective at addressing the defined problem. This will primarily rely on the expertise and experience of key staff, who have been involved in the design and implementation of hundreds of remedial systems at sites 92 Corrective Measures Assessment Task Order Bozeman Landfill Remediation April 24, 2014 Page 7 of 9 across the country. In addition, DEQ and potentially the public may also identify technologies to be considered for the site. Subtask 440 Development and Description of Remedial Alternatives Once applicable technologies are selected, they will be developed into alternatives that address the problem. In some cases, one or more technologies may be combined into a single alternative (e.g., SVE along property line and enhanced landfill gas extraction from within waste cell) to best achieve the project objectives. It is anticipated that perimeter active SVE and enhancements to the existing landfill gas extraction system will be given consideration, however, passive vent trenches and vertical containment barriers may also have merit. If groundwater transport of VOCs is identified as a significant off-site transport mechanism, then air sparging, in-situ biodegradation, pump and treat, and other groundwater treatment technologies will also be considered. Subtask 450 Detailed Analysis of Remedial Alternatives The CMA process stipulates a detailed analysis of remedial alternatives be conducted using DEQ’s established criteria, which include the following: • Ability to Meet Project Objectives • Effectiveness • Time Required to Begin and Complete Remedy • Institutional Requirements • Practical Capability of Owner/Operator • Degree of Community Concerns • Cost Subtask 460 Comparative Analysis of Alternatives and Selection of Remedy Each of the alternatives will be discussed relative to each other for each of the seven criteria listed above. Whether each alternative achieves or fails to meet the requirements for each criterion will be discussed. This is an interim step toward conducting a numerical ranking of each alternative relative to each criterion in the subsequent Alternative Selection process. Each alternative will be scored relative to each criteria and a total score will be compiled. Scores will be selected based upon qualitative analysis for some criteria (e.g., practical capability and degree of community concerns) and quantitative analysis for others (e.g., time required and cost). The basis for each scoring will be provided. The final selection may entail choosing one alternative or a combination of alternatives, if it is determined to be necessary to meet the project objectives. The selected remedy will be identified in the draft CMA report, which will be submitted to DEQ for review. DEQ will subsequently schedule a public meeting, at which time the CMA process will be discussed and the selected alternative identified. DEQ will receive public comments on the Draft CMA and provide comments to the City for preparation of a final CMA and their preference for the preferred remedy. 93 Corrective Measures Assessment Task Order Bozeman Landfill Remediation April 24, 2014 Page 8 of 9 Alternatives Likely to be Considered by the CMA It is anticipated that the alternatives DEQ will require to be considered will include, but not be limited to, the following: • No Action (i.e., Maintenance of existing home mitigation systems and continuation of overall site monitoring program) • Removal of all refuse in unlined cell • Soil vapor extraction along landfill property boundary • Groundwater treatment (depending on results of modified Conceptual Model) • Enhancement to existing LFG extraction system TASK 500 CORRECTIVE ACTION PLAN DESIGN AND CONSTRUCTION OVERSIGHT PROCESS Once the CMA process is completed and approved, we anticipate that the project will move into the implementation phase. In general, this phase will consist of detailed design of the selected action plan, selection of a construction contractor, construction and engineering oversight of the construction contractor. PROJECT MANAGEMENT AND REPORTING Tetra Tech’s management team includes Larry Cawlfield, PE as Project Manager; Kirk Miller as Program Manager and liaison to ongoing off-site soil gas investigation and home mitigation activities as well as the Conceptual Model, and Mark Pearson as the Assistant Project Manager. Technical leaders include Peter Rich, PE for Conceptual Model and Remediation Design, Keith Johnson, PE for Landfill Gas Systems, Maureen McGraw, PE for system design, Brandy Moses for Public Communication, Lynn Peterson for Data Management and Graphics. The technical leaders have Task Leaders that will manage specific field efforts, data analysis, subcontractors, document production, and other activities. Project Communication Tetra Tech will use a variety of tools to provide appropriate levels of communication to City staff on the progress of the project, new developments, developing issues, budget status, and schedule. The primary tools are outlined below. Weekly updates Larry Cawlfield will provide an email every Friday afternoon with a brief summary of the week’s progress such as samples collected, drilling completed, mitigation designs completed, lab results received, mitigation systems installed, etc. We anticipate using spreadsheet forms to communicate details for some of these items. We have included costs for this subtask for a six month period. 94 Corrective Measures Assessment Task Order Bozeman Landfill Remediation April 24, 2014 Page 9 of 9 Monthly Updates Tetra Tech’s monthly invoice will include a written status report that identifies the following: • Work completed during period • Work anticipated for the upcoming period • Problems identified and resolved • Budget summary • Schedule status • Out of Scope tasks We have included costs for this subtask for a six month period. Schedule Our anticipated timeline to complete these tasks will be completed once authorization to proceed is received. The schedule presented in our proposal provides the general timeline for the work. COMPENSATION Estimated costs to complete the foregoing scope of services are not to exceed $288,762. A breakdown of these proposed expenditures is contained in the attached cost estimate. The services will be conducted on a lump sum basis as described in the Contract between the City and Tetra Tech. Special Conditions Execution of this Task Order constitutes acceptance of all terms and conditions contained in Tetra Tech’s Professional Services Agreement with the City of Bozeman, dated April XX, 2014. CLIENT: CONSULTANT: City of Bozeman Tetra Tech By: By: Its: Its: Project Manager Date: Date: April 24, 2014 NOTICE OF CONFIDENTIALITY This Task Order (including attachments) contains information confidential to Tetra Tech, Inc., its subsidiaries, and subcontractors. It is intended only for City of Bozeman to consider Tetra Tech providing professional services at the Bozeman Landfill. Any other use is prohibited, without the prior written consent of Tetra Tech. 95 STORY MILL LANDFILL CLASS II / LICENSE #196 BOZEMAN, MONTANA TASK 100 PREPARE UPDATED SITE CONCEPTUAL MODEL $75,500.54 TASK 200 CONDUCT SOIL VAPOR EXTRACTION PILOT TEST $86,189.17 TASK 300 OPTIMIZE LANDFILL GAS EXTRACTION SYSTEM $61,117.20 TASK 400 CORRECTIVE MEASURES ASSESSMENT DOCUMENT $65,956.00 TOTAL $288,762.91 ATTACHMENT B ESTIMATED BUDGET FOR CORRECTIVE MEASURES ASSESSMENT April 24, 2014 SUMMARY Tetra Tech96 STORY MILL LANDFILL CLASS II / LICENSE #196 BOZEMAN, MONTANA SUBTASK 110 ADDITIONAL DATA COLLECTION Additional Soil Gas Probes along South Boundary Labor Units Rate Cost Project Manager/Senior Hydrogeologist, per hour 4 $150.00 $600.00 Hydrogeologist, per hour 80 $95.00 $7,600.00 Database management/data validation, per hour 24 $75.00 $1,800.00 Tetra Tech Vehicle Mileage, per mile 30 $0.56 $16.80 Per Diem and Lodging, per person per day 0 $140.00 $0.00 Clerical, per hour 3 $55.00 $165.00 Subtotal $10,181.80 Direct Costs Mob/Demob 1 $882.00 $882.00 Perdiem, per crew day 4 $35.00 $140.00 Lodging, 2-person crew, per night 6 $160.00 $960.00 Soil Borings, per foot 195 $23.00 $4,485.00 1-inch Well Installation, estimate per foot (materials only)195 $26.00 $5,070.00 Steel Stick-up Covers with Concrete, each 3 $175.00 $525.00 Steam Cleaner/Pressure Washer, per day 4 $50.00 $200.00 10% Drilling Contingency $1,226.20 Other Direct Costs Sample Bags and Storage Containers, estimate 1 $50.00 $50.00 Professional Surveying of Well Elevations, estimate 3 $400.00 $1,200.00 Air pump and monitoring instrumentation, estimate 1 $100.00 $100.00 6L SUMMA Canister, certification & rental, each 22 $55.00 $1,210.00 1/2-hr Flow Controller, certification & rental, each 22 $15.00 $330.00 TO-15 Analysis, each 22 $140.00 $3,080.00 Modified TO-15 APH Analysis, each 0 $140.00 $0.00 Natural Gas Analysis (ASTM-D1946), each 22 $125.00 $2,750.00 Client Specific EDD, each 22 $5.00 $110.00 Sampling Disposables - Miscellaneous, each 22 $10.00 $220.00 Media & Sample Shipping, estimate 2 $500.00 $1,000.00 TetraTech Subcontractor Administrative Costs (10%)$2,353.82 Subtotal $25,892.02 Evaluation of LFG potential and potential migration of LFG from Lined Closed Cell Labor Units Rate Cost Senior Engineer, per hour 2 $211.00 $422.00 Project Manager/Senior Hydrogeologist, per hour 6 $150.00 $900.00 Hydrogeologist, per hour 4 $95.00 $380.00 Tetra Tech Vehicle Mileage, per mile 15 $0.56 $8.40 Clerical, per hour 2 $55.00 $110.00 Subtotal $1,820.40 Install and Sample LFG Well in Lined Closed Cell Labor Units Rate Cost Project Manager/ Senior Hydrogeologist, per hour 1 $150.00 $150.00 Hydrogeologist, per hour 18 $95.00 $1,710.00 Tetra Tech Vehicle Mileage, per mile 30 $0.56 $16.80 ATTACHMENT B ESTIMATED BUDGET FOR CORRECTIVE MEASURES ASSESSMENT April 24, 2014 Drill/complete three, dual completion soil gas probes (assume three to 65 feet TD each). Total Footage: 195 ft of drilling TASK 100 PREPARE UPDATED SITE CONCEPTUAL MODEL Tetra Tech97 Direct Costs Mob/Demob 1 $882.00 $882.00 Perdiem, per crew day 1 $35.00 $35.00 Lodging, 2-person crew, per night 1 $160.00 $160.00 Pea Gravel, estimate 1 $100.00 $100.00 Soil Borings, per foot 40 $42.00 $1,680.00 4-inch, Sched 80 PVC Well Installation, per foot 40 $35.00 $1,400.00 Steel Stick-up Covers with Concrete, each 1 $175.00 $175.00 Steam Cleaner/Pressure Washer, per day 1 $50.00 $50.00 Standby/Mixing Grout, per hour 3 $150.00 $450.00 10% Drilling Contingency $493.20 Other Direct Costs Sample Bags and Storage Containers, estimate 1 $20.00 $20.00 Field metering equipment rental, estimate 1 $100.00 $100.00 Professional Surveying of Well Elevation, estimate 1 $400.00 $400.00 Air pump and monitoring instrumentation, estimate 1 $100.00 $100.00 6L SUMMA Canister, certification & rental, each 1 $55.00 $55.00 1/2-hr Flow Controller, certification & rental, each 1 $15.00 $15.00 TO-15 Analysis, each 1 $140.00 $140.00 Modified TO-15 APH Analysis, each 0 $140.00 $0.00 Natural Gas Analysis (ASTM-D1946), each 1 $125.00 $125.00 Client Specific EDD, each 1 $5.00 $5.00 Sampling Disposables - Miscellaneous, each 1 $10.00 $10.00 Media & Sample Shipping, estimate 1 $100.00 $100.00 TetraTech Subcontractor Administrative Costs (10%)$649.52 Subtotal $12,662.32 Evaluate Results of Additional Data Collection Units Rate Cost Senior Engineer (Rich), per hour 6 $243.00 $1,458.00 Senior Engineer (Johnson), per hour 6 $211.00 $1,266.00 Project Manager/ Senior Hydrogeologist, per hour 8 $150.00 $1,200.00 Project Director (Miller), per hour 4 $170.00 $680.00 Hydrogeologist, per hour 4 $95.00 $380.00 Tetra Tech Vehicle Mileage, per mile 15 $0.56 $8.40 Clerical, per hour 1 $55.00 $55.00 Subtotal $5,047.40 Update Survey Surveyinglocationandelevationofexistingmonitoringstationsand recently installed monitoring stations Great West Engineering Surveying Quote 1 $6,100.00 $6,100.00 TetraTech Subcontractor Administrative Costs (10%)$610.00 Subtotal $6,710.00 Subtask 110 Additional Data Collection - TOTAL $60,493.54 SUBTASK 120 CONCEPTUAL MODEL REPORT Units Rate Cost Senior Engineer (Rich), per hour 8 $243.00 $1,944.00 Senior Engineer (Johnson), per hour 8 $211.00 $1,688.00 Project Manager/ Senior Hydrogeologist, per hour 16 $150.00 $2,400.00 Project Director (Miller), per hour 16 $170.00 $2,720.00 Hydrogeologist, per hour 40 $95.00 $3,800.00 GIS/CAD, per hour 32 $75.00 $2,400.00 Clerical, per hour 1 $55.00 $55.00 Subtask 120 Conceptual Model Report - TOTAL $15,007.00 Task 100 - TOTAL $75,500.54 Drill/complete one LFG extraction well (assume 40 feet TD). Total Footage: 40 ft of drilling Tetra Tech98 STORY MILL LANDFILL CLASS II / LICENSE #196 BOZEMAN, MONTANA Data Review and Test Design Labor Units Rate Cost Project Manager/Senior Hydrogeologist, per hour 8 $150.00 $1,200.00 Senior Engineer (Johnson), per hour 8 $211.00 $1,688.00 Hydrogeologist, per hour 20 $95.00 $1,900.00 Clerical, per hour 2 $55.00 $110.00 Data Review and Test Design - TOTAL $4,898.00 SVE Well Drilling and Installation Labor Units Rate Cost Project Manager/Senior Hydrogeologist, per hour 4 $150.00 $600.00 Hydrogeologist, per hour 90 $95.00 $8,550.00 Tetra Tech Vehicle Mileage, per mile 30 $0.56 $16.80 Per Diem and Lodging, per person per day 0 $140.00 $0.00 Clerical, per hour 3 $55.00 $165.00 Subtotal $9,331.80 Direct Costs Drill/complete two SVE wells (assume 60 feet TD each). Total Footage: 120 Ft Mob/Demob 1 $882.00 $882.00 Perdiem, per crew day 6 $35.00 $210.00 Lodging, 2-person crew, per night 4 $160.00 $640.00 Pea Gravel, estimate 1 $100.00 $100.00 Soil Borings, per foot 120 $42.00 $5,040.00 4-inch, Sched 80 PVC Well Installation, per foot 120 $35.00 $4,200.00 Steel Stick-up Covers with Concrete, each 3 $175.00 $525.00 Steam Cleaner/Pressure Washer, per day 8 $50.00 $400.00 Standby for grouting, per hour 4 $150.00 $600.00 10% Drilling Contingency $1,259.70 TetraTech Subcontractor Administrative Costs (10%)$1,385.67 Subtotal $15,242.37 Other Direct Costs Sample Bags and Storage Containers, estimate 1 $50.00 $50.00 Professional Surveying of Well Elevations, estimate 2 $400.00 $800.00 Subtotal $850.00 SVE Well Drilling and Installation - TOTAL $25,424.17 SVE Testing Labor Units Rate Cost Project Manager/Senior Hydrogeologist, per hour 8 $150.00 $1,200.00 Senior Engineer (Johnson), per hour 24 $211.00 $5,064.00 Senior Engineer (McGraw), per hour 8 $150.00 $1,200.00 Hydrogeologist, per hour 64 $95.00 $6,080.00 Airfare, per diem, and lodging, lump sum 1 $800.00 $800.00 Subtotal $14,344.00 Direct Costs Sieve Analysis (ASTM C136 and ASTM 117), per sample 21 $75.00 $1,575.00 Shipping, estimate 1 $100.00 $100.00 10 HP, 3-phase Regenerative Blower Rental, per month 1 $1,100.00 $1,100.00 Freight, estimate 2 $500.00 $1,000.00 Generator, per month 1 $2,300.00 $2,300.00 Electrician, per hour 2 $80.00 $160.00 Wellhead Installation, per well 2 $500.00 $1,000.00 Piping Installation, per foot 1,100 $10.00 $11,000.00 Piping Crossing Roadway, per crossing 2 $1,000.00 $2,000.00 Piping Removal, estimate per foot 1,100 $5.00 $5,500.00 Flame Ionization Detector, per week 4 $270.00 $1,080.00 Vacuum Meter, per week 4 City meter $0.00 April 24, 2014 ESTIMATED BUDGET FOR CORRECTIVE MEASURES ASSESSMENT ATTACHMENT B TASK 200 CONDUCT SOIL VAPOR EXTRACTION PILOT TEST Tetra Tech99 Air Speed Meter, per week 4 City meter $0.00 Landfill Gas Meter, per week 4 City meter $0.00 Miscellaneous Materials, estimate 1 $500.00 $500.00 Shipping, estimate 1 $100.00 $100.00 6L SUMMA Canister, certification & rental, each 4 $55.00 $220.00 1/2-hr Flow Controller, certification & rental, each 4 $15.00 $60.00 TO-15 Analysis, each 4 $140.00 $560.00 Modified TO-15 APH Analysis, each 4 $140.00 $560.00 Natural Gas Analysis (ASTM-D1946), each 4 $125.00 $500.00 Client Specific EDD, each 4 $5.00 $20.00 Sampling Disposables - Miscellaneous, each 4 $10.00 $40.00 Media & Sample Shipping, estimate 2 $200.00 $400.00 TetraTech Subcontractor Administrative Costs (10%)$2,820.00 Subtotal $32,595.00 SVE Testing - TOTAL $46,939.00 Data Analysis and Reporting Labor Units Rate Cost Project Manager/Senior Hydrogeologist, per hour 16 $150.00 $2,400.00 Senior Engineer (Johnson), per hour 8 $211.00 $1,688.00 Project Director (Miller), per hour 4 $170.00 $680.00 Hydrogeologist, per hour 32 $95.00 $3,040.00 Database manager, per hour 8 $70.00 $560.00 GIS/CAD, per hour 6 $75.00 $450.00 Clerical, per hour 2 $55.00 $110.00 Data Analysis and Reporting - TOTAL $8,928.00 Task 200 - TOTAL $86,189.17 Tetra Tech100 ATTACHMENT B ESTIMATED BUDGET FOR CORRECTIVE MEASURES ASSESSMENT STORY MILL LANDFILL CLASS II / LICENSE #196 BOZEMAN, MONTANA Collect Baseline Data and Review Historic Data Labor Units Rate Cost Project Engineer/Senior Hydrogeologist, per hour 16 $150.00 $2,400.00 Senior Engineer (Rich), per hour 28 $243.00 $6,804.00 Senior Engineer (Johnson), per hour 28 $211.00 $5,908.00 Project Director (Miller), per hour 4 $170.00 $680.00 Hydrogeologist, per hour 40 $95.00 $3,800.00 GIS/CAD, per hour 8 $75.00 $600.00 Clerical, per hour 6 $55.00 $330.00 Airfare, per diem, and lodging, lump sum 1 $1,000.00 $1,000.00 Collect Baseline Data - TOTAL $21,522.00 Surface Emissions Sweep Labor Units Rate Cost Phoenix Field Technician, per hour 40 $100.00 $4,000.00 Hydrogeologist, per hour 16 $95.00 $1,520.00 Senior Engineer (Johnson), per hour 2 $211.00 $422.00 Instrument Rental, per day 4 $150.00 $600.00 GIS/CAD, per hour 6 $75.00 $450.00 Vehicle mileage, per mile 90 $0.56 $50.40 Airfare, per diem, and lodging, lump sum 1 $1,200.00 $1,200.00 Collect Baseline Data - TOTAL $8,242.40 Flare Evaluation and Maintenance Direct Costs Flare Maintenance Contractor Mob/Demob 1 $1,500.00 $1,500.00 Per diem, per crew day 4 $35.00 $140.00 Lodging, per night 3 $80.00 $240.00 Flare Maintenance Contractor Inspection, per day 1 $1,500.00 $1,500.00 Replacement of gages, tip, and other components, estimated lump sum 1 $10,000.00 $10,000.00 TetraTech Subcontractor Administrative Costs (10%)$1,338.00 Subtotal $14,718.00 Evaluate Recommendations for Flare Labor Units Rate Cost Senior Engineer (Johnson), per hour 4 $211.00 $844.00 Project Engineer/Senior Hydrogeologist, per hour 2 $150.00 $300.00 Hydrogeologist, per hour 6 $95.00 $570.00 Tetra Tech Vehicle Mileage, per mile 30 $0.56 $16.80 Senior Engineer (Johnson), per hour 4 $211.00 $844.00 Subtotal $2,574.80 Flare Evaluation and Maintenance Subtotal $17,292.80 TASK 300 OPTIMIZE LANDFILL GAS EXTRACTION SYSTEM Tetra Tech101 ATTACHMENT B ESTIMATED BUDGET FOR CORRECTIVE MEASURES ASSESSMENT STORY MILL LANDFILL CLASS II / LICENSE #196 BOZEMAN, MONTANA SUBTASK 410 PILOT STUDY Labor Units Rate Cost Senior Engineer (Rich), per hour 4 $243.00 $972.00 Senior Engineer (Johnson), per hour 24 $211.00 $5,064.00 Project Engineer/ Senior Hydrogeologist, per hour 24 $150.00 $3,600.00 Hydrogeologist, per hour 12 $95.00 $1,140.00 CAD, per hour 8 $75.00 $600.00 Clerical, per hour 4 $55.00 $220.00 Subtotal $11,596.00 SUBTASK 420 PROBLEM DEFINITION Labor Units Rate Cost Senior Engineer (Rich), per hour 4 $243.00 $972.00 Senior Engineer (Johnson), per hour 6 $211.00 $1,266.00 Project Engineer/ Senior Hydrogeologist, per hour 16 $150.00 $2,400.00 Hydrogeologist, per hour 12 $95.00 $1,140.00 CAD, per hour 4 $75.00 $300.00 Clerical, per hour 1 $55.00 $55.00 Subtotal $6,133.00 Labor Units Rate Cost Senior Engineer (Rich), per hour 6 $243.00 $1,458.00 Senior Engineer (Johnson), per hour 6 $211.00 $1,266.00 Project Engineer/Senior Hydrogeologist, per hour 32 $150.00 $4,800.00 Hydrogeologist, per hour 32 $95.00 $3,040.00 Clerical, per hour 1 $55.00 $55.00 Subtotal $10,619.00 SUBTASK 440 DEVELOPMENT AND DESCRIPTION OF REMEDIAL ALTERNATIVES Senior Engineer (Rich), per hour 16 $243.00 $3,888.00 Senior Engineer (Johnson), per hour 16 $211.00 $3,376.00 Project Engineer/ Senior Hydrogeologist, per hour 24 $150.00 $3,600.00 Hydrogeologist, per hour 12 $95.00 $1,140.00 CAD, per hour 4 $75.00 $300.00 Clerical, per hour 1 $55.00 $55.00 Subtotal $12,359.00 SUBTASK 450 DETAILED ANALYSIS OF REMEDIAL ALTERNATIVES Senior Engineer (Rich), per hour 8 $243.00 $1,944.00 Senior Engineer (Johnson), per hour 16 $211.00 $3,376.00 Project Engineer/ Senior Hydrogeologist, per hour 32 $150.00 $4,800.00 Hydrogeologist, per hour 16 $95.00 $1,520.00 CAD, per hour 4 $75.00 $300.00 Clerical, per hour 1 $55.00 $55.00 Subtotal $11,995.00 SUBTASK 460 COMPARATIVE ANALYSIS AND SELECTION OF REMEDY Senior Engineer (Rich), per hour 8 $243.00 $1,944.00 Senior Engineer (Johnson), per hour 20 $211.00 $4,220.00 Project Engineer/ Senior Hydrogeologist, per hour 24 $150.00 $3,600.00 Hydrogeologist, per hour 24 $95.00 $2,280.00 CAD, per hour 4 $75.00 $300.00 Clerical, per hour 2 $55.00 $110.00 Airfare, per diem and lodging, lump sum 1 $800.00 $800.00 Subtotal $13,254.00 Total Task 400 $65,956.00 April 24, 2014 SUBTASK 430 IDENTIFICATION AND SCREENING OF REMEDIAL ALTERNATIVES TASK 400 CORRECTIVE MEASURES ASSESSMENT DOCUMENT Tetra Tech102 Tetra Tech, Inc. 303 Irene Street, Helena, MT 59601 Tel 406.443.521 0 Fax 406.449- 3729 www.tetratech.co m April 24, 2014 Mr. Rick Hixson, P.E. The City of Bozeman PO Box 1230 Bozeman, Montana 59711-1230 Subject: Estimated Costs for Story Mill Landfill Remediation Dear Rick: Previously, we sent you a proposed Scope of Work to conduct tasks related to the Corrective Measures Assessment for the Story Mill Landfill. Based on the discussions we had with the Department of Environmental Quality last week, we have modified the Scope of Work to include terminology that was suggested by DEQ but otherwise left the work description as it was previously. This letter provides estimated costs for tasks described in the Scope of Work (a copy of the revised Scope of Work is included with this letter as Attachment A). Table 1 lists estimated costs for performing tasks 100 (Revise Conceptual Model), 200 (Soil Vapor Extraction Pilot Test), 300 (Optimize Landfill Gas Extraction System) and 400 (Corrective Measures Assessment). Attachment B to this letter gives detailed unit costs and hours for each task. Table 1 Estimated Costs for Tasks Related to Story Mill Landfill Corrective Measures Assessment Task No. Task Description Estimated Cost 100 Prepare Updated Conceptual Model (data collection) $75,500.54 200 Soil Vapor Extraction Well Radius of Influence Test $89,189.17 300 Optimize Landfill Gas Extraction System $61,117.20 400 Corrective Measures Assessment Document $65,956.00 Total $288,762.91 As you can see, the estimated costs are substantial. As you review these costs, you should keep in mind that much of the estimated cost for tasks 100, 200 and 300 are direct costs for drilling and installing soil vapor monitoring wells and gas extraction wells, optimizing the existing flare and gas collection system, and surveying wells, monitoring stations, and general topography. You should also keep in mind that these tasks, though designed as basic data collection exercises, are measures that will not only support preparation of the Corrective Measures Assessment but ultimately will become a part of the remediation system. I would be happy to discuss these estimated costs by task with you. I will be out of the office and generally unavailable until Monday, April 28th but will be available after that. We look forward to working with you on this project. Sincerely, Larry Cawlfield, P.E., P.H. Project Manager 103 Attachments: Task Order and Cost Estimate 104